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(영문) 서울중앙지방법원 2013.05.30 2013노1077
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment, even though the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, was unlawful.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of KRW 1.5 million) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was in a somewhat bad condition at the time of the crime of this case, in light of the circumstances indicated in the record, such as the background leading to the crime, the details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things at the time of the crime, or make decisions.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. As to the assertion of unfair sentencing, the circumstances that the Defendant did not have a criminal record of the same kind, reflects the Defendant’s fault in depth, and the Defendant’s economic situation is difficult are considered.

However, in full view of the following circumstances: (a) the Defendant committed a dangerous act, such as assaulting a taxi engineer driving; (b) the Defendant did not properly recover from damage even after a considerable time has passed since the issuance of the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime; and (d) other circumstances that are conditions for sentencing as indicated in the instant pleadings and records, such as circumstances after the crime, etc., the Defendant’s assertion on this part is not acceptable, on the ground that the sentence imposed by the lower court

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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